CHAPTER 198 - FREE PUBLIC SCHOOLS ELECTION OF BOARD OF EDUCATION OF CLAYMONT SPECIAL SCHOOL DISTRICT

AN ACT PROVIDING FOR THE ELECTION OF THE BOARD OF EDUCATION OF CLAYMONT SPECIAL SCHOOL DISTRICT, IN NEW CASTLE COUNTY.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 71 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by repealing (but only in so far as the same shall apply to the Special School District known as Claymont Special School District, in New Castle County), 2655 Section 33 thereof.

Section 2. That Chapter 71 of the Revised Code of Delaware, 1935, as amended, be and the same hereby is amended by adding after 2655 Section 33 thereof the following new section to be known as 2655B. Section 33B:

2655B. Section 33B. The general administration and supervision of the free public schools and educational interests of the Special School District known as Claymont Special School District, in New Castle County, shall be vested in a Board of Education which shall be composed of four members, who shall be citizens of the State of Delaware and residents of the Claymont Special School District and shall be elected by the qualified voters of said Special School District at the annual election which shall be held on the second Saturday in June 1945, between the hours of one and eight o'clock in the afternoon, and thereafter on the second Saturday in May between the hours aforesaid. The present Board of Education of said Claymont Special School District shall, by this Act, be appointed to serve and shall act as the Board of Education of said Claymont Special School District from and after the passage hereof until their successors are duly elected and qualified; and that at the annual election held on the second Saturday in June, 1945 after the passage of this Act, four members of the Board of Education of said Claymont Special School District shall be elected, one of whom shall be elected for one year, one for two years, one for three years and one for four years from the first day of July next succeeding their election; and the person receiving the highest number of votes shall be elected for the term of four years, the person receiving the next highest number of votes for the term of three years, the person receiving the third highest number of votes, for a period of two years, and the person receiving the fourth highest number of votes for a term of one year. At each annual election thereafter the successor of every member of the Board of Education in said District shall be elected by the qualified voters of said Claymont Special School District for a term of four years from the first day of July next succeeding their election and until their respective successors qualify.

In the event that there are not any nominations filed for members of the Board of Education in said District as hereinafter provided, and an election of a Board of Education is not held in said Special School District on the second Saturday in June, 1945, after the passage of this Act, the present Board of Education of the Claymont Special School District shall, by this Act, be appointed to serve and shall act as the Board of Education for the following terms: the member of the Board of Education whose present term expires on the first day of July, 1945 shall serve for a term of four years; the member whose term expires on the first day of July, 1948 for a term of three years; the member whose term expires on the first day of July, 1947 for a term of two years; the member whose term expires on the first day of July, 1946 for a term of one year, and at each annual election thereafter the successor of every member of the Board of Education in said District shall be elected as hereinbefore provided.

The Annual School Election of said Claymont Special School District shall be conducted by the members of the Board of Education of said District. The President of the Board of Education of said District shall preside at the election and two other members of the said Board of Education shall be judges of the election; provided, that if, for any reason, one or more members of the Board of Education should be unable to serve as election officers, the said Board of Education shall designate another person or persons to sit in such capacity. And provided, further, that should the Board of Education fail or neglect to provide election officers at such election, the voters present, when the polls open, shall designate and appoint election officers to conduct the election in said District. The said election shall be held at the principal school house or building in said District.

At least twenty days before an election as hereinbefore fixed, the Clerk of the Peace of New Castle County shall cause to be published in at least two newspapers published within his County notice of said Claymont Special School District election, stating the offices to be filled, the date when nominations shall be filed and the date and place of said election. The Clerk of the Peace of New Castle County shall also cause like notices to be posted in ten public places of said School District.

At least ten days before the day of election as hereinbefore fixed, nominations shall be filed with the Clerk of the Peace in New Castle County. The said nominations shall be in writing signed by at least fifteen citizens and residents of the said Special School District. The school election shall be by ballot and the Clerk of the Peace shall cause to be printed ballots which shall contain the names of all persons nominated, which shall be entered alphabetically and without party designation. The said Clerk of the Peace of New Castle County shall deliver or cause to be delivered such ballots to the persons appointed or selected to hold the election on or before opening of the polls, and every qualified voter calling for a ballot shall receive one from the persons holding the election.

Every person desiring to vote at said election shall have all the qualifications as provided for by Article 17 of this Chapter. The voter shall not vote for more candidates than are to be voted for at the election and in voting shall cross out the names of all candidates which he or she does not desire to vote for. Upon the close of the election the votes shall be read and counted publicly and the persons having the highest number of votes for each office shall be declared duly elected. In case of a tie, the persons holding the election shall, by a majority vote, decide which of the candidates so tied shall be elected.

The Election board shall enter in a book to be provided for that purpose, a minute of the election, containing the names of 'the persons voting, the names of the persons chosen, shall subscribe the same, and shall give to the person elected a Certificate of Election, which book containing such minutes shall be preserved by the Board of Education and it shall be evidence in any Court of Law and Equity. All ballots cast and the records of the Election shall be preserved in the custody of the Election Board for a period of ten days. The ballots and other needed election supplies including costs of publication and notices shall be provided by the Clerk of the Peace of New Castle County and paid for by the Levy Court.

A vacancy on a Board of Education for any cause shall be filled by the remaining members of the Board of Education to serve until the next annual school election at which time a member of the Board shall be duly elected to fill the unexpired term thereof. Any member ceasing to be a resident of said Claymont Special School District, his office shall thereupon become vacant.

Section 3. If any word, clause, sentence, paragraph, section or part of this Act shall, for any reason, be adjudged by any Court of competent jurisdiction to be unconstitutional or otherwise invalid, such judgment shall not affect, impair or invalidate the remainder of this Act, but shall be confined in its operation to the word, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.